RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume XVI, Issue 954, 11 July 1883, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

At the R.M". Court on Monday last, before His Worship J. N. Wood, Esq., the following business was disposed of : — Maccarthy v. Fahey. — Claim of £2 2s, balance of account for professional services rendered. Mr M'Coy for plaintiff. This w:is a dispute as to the sum agreed to be paid to plaintiff, defendant saying that he had agreed with plaintiff to pay him £5 5s before the professional visit was made ; while plaintiff maintained (hat he had distinctly told defendant that his charge was £7, but that if paid within a month the charge was to be £1 less ; £5 5a had been paid to account. Judgment was given for £1 It, and costs, 15s. Robinton v. Pearson.— Claim of £2 for the ! grazing of five of defendant's horses in plain- \ tiff's paddocks. Mr Hunter appeared for plaintiff ; and Mr M'Coy for defendant. Plaintiff, who has lately entered upon a lenee of the farm of Mount Plena int, of which defendant is proprietor, deposed that he bad told defendant on the 14th May to clear everything off the ground. The horseß bad been running on all the paddocks, being sometimes away at night. Defendants said ! they had a paddock reserved. [Lease produced, but nothing stated as to reserve of paddock.] On 14th May defendant came up with a document, wanting 3 acres 2 roods, which be wished me |to sign. He was going to give me this paddock, provided I graze i one horse free for him. I stuck to my lease. Cross examined : I didn't give any liberty to defendant. The horses were continually trespassing. I engaged defendant to plough on 26fch May. Mr M'Coy asked for a nonsuit on the ground that if the horses were on the land without plaintiff's permission, the action should have been for trespass ; but his instructions were that there was some agreement. — The non-suit point was, however, not entertained by His Worship.— John i Pearson, the defendant, deposed that be had permission from defendant to let his horses remain as long as he liked. Plaintiff had told the boy to take the things off. Defen- ! dant had boen working with his horses for plaintiff for 15 days. IF plaintiff had told witness, he would have taken the horses off. Cross-examined : The horses were left after I left. To Mr M'Coy : Some nighls the horses were off. 1 was sometimeß away at the bush, a distance of 14 miles. There are close on 150 acres in the paddock, but there are 70 acres which) Mr Robinson hasn't got.— Mrs Pearson confirmed the statement of her husband that permission had been given to allow the horses to remain while witness and her husband were in the neighborhood ; and, in cross-examination, stated that plaintiff had, at defendant's residence, and after defendant had left the farm, given permission.— His Worship was of opinion that it looked rather absurd thatplaintiff should pay such a rent as £112 for the farm and give unlimited right to the graxing. Judgment for £2 and costs (75.) Pearsonv. Robinson. — Mr M'Coy for plaintiff; Mr Hunter for defendant. Claim of £5 13s for carting furnitare, ploughing, value of straw consumed, and services of boy. — John Pearson, the plaintiff, gave evidence oi having carted five loads of furniture for defendant from railway station; of defeh- ! dant's having hired two horses for ploughing j and of plaintiff assisting at the putting in of wheat, and plaintiff's boy driving horses for defendant while ploughing. Nothing was said as to charge for putting in wheat: Defendant said he would pay anything charged if the boy would assist him in ploughing. He offered me £1 a day for ploughing. On the sth of July, defendant had used 303 worth of the straw left on the ground. Cross-examined s I carted two loads on tbe 25th, but wouldn't swi ar as to there being three loads on the second occasion. There was no consideration in regard to defendant's leasing the place that I should do the ; carting for nothing. Defendant sent instructions as to the carting of the furniture. — Mrs Pearson gave corroborative evidence. Witness was certain that there were two loads of furniture carted on May Ist, if not three.— John Robinson, the defendant, admitted plaintiff's hiving carted the furniture from the railway station. The van brought the furniture to the railway station in four loads, and the cost of bringing it by rail was 16s. There was no agreement as to price. Plain tiff was 2\ days working for me altogether. I put the items down at the time. He was half-a-day putting in wheat. He left two loads of oaten straw. [Receipt for oaten straw produced.] There was some wheaten straw he said he gave me. Cross-examined : I swear he gave the wheaten straw to me. — His Worship gave judgment for the following items— vix., £1 5s for carting furniture ; two days of horses at 5s a day, IO3 ; harrowing one half-day, 8s ; boy five half-days at 2a 6d. Regarding the straw, the evidence was clearly in favor of defendant. Amount of judgment, £2 15s 6d ; and costs, Us. Thomas Lawrence alias Davis alias Keevey, for drunkenness and uttering obscene language, was fined 20s, or, in default, 48 hours' imprisonment with hard labor on each 1 charge. _____________